APHC010198422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10138/2025 Between: 1. DASURU CHINNAIAH, S/O. DASURU NARSAIAH, AGED ABOUT 68 YEARS, R/O. MAMUDURU VILLAGE CHEJARLA MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT NELLORE 3. THE DISTRICT PANCHAYAT OFFICER, SPSR NELLORE DISTRICT 4. THE EXTENSION OFFICER PR AND RD, MANDAL PRAJA PARISHAD, CHEJARLA MANDAL, SPSR NELLORE DISTRICT 5. THE EXECUTIVE ENGINEER, PR AND RWS DEPARTMENT, CHEJARLA MANDAL, SPSR NELLORE DISTRICT 6. THE MAMUDURU GRAM PANCHAYAT, REP. BY ITS SECRETARY, CHEJARLA MANDAL, SPSR NELLORE DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 pleased topleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents in not according Technical Sanction and issuance of Work Orders pursuant to the Gram Panchayat Resolutions dated 01-02-2025 and 09-01-2025 of Mamuduru Village, Chejarla Mandal, SPSR Nellore District for execution of works in Mamuduru Gram Panchayat as illegal, irregular, arbitrary, violation of Article 300-A of Constitution of India, unjustified and unsustainable and consequently direct the Respondents to accord Technical Sanction and issue Work Orders pursuant to the Gram Panchayat Resolutions dated 01-02-2025 and 09-01-2025 of Mamuduru Village, Chejarla Mandal, SPSR Nellore District and release the amounts for execution of works in Mamuduru Gram Panchayat and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to forthwith consider the Representation vide Grievance No.NLR 202502172262 of the Petitioner and accord Technical Sanction and issue Work Orders pursuant to the Gram Panchayat Resolutions dated 01-02-2025 and 09-01-2025 of Mamuduru Gram Panchayat and release the amounts for execution of works and pass Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10138/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not according Technical Sanction and issuance of Work Orders pursuant to the Gram Panchayat Resolutions dated 01.02.2025 and 09.01.2025 of Mamuduru Village, Chejarla Mandal, SPSR Nellore District for execution of works in Mamuduru Gram Panchayat as illegal, irregular, arbitrary, violation of Article 300-A of Constitution of India, unjustified and unsustainable and consequently direct the respondents to accord Technical Sanction and issue Work Orders pursuant to the Gram Panchayat Resolutions dated 01.02.2025 and 09.01.2025 of Mamuduru Village, Chejarla Mandal, SPSR Nellore District and release the amounts for execution of works in Mamuduru Gram Panchayat and pass such other order.” 2. Heard the learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and the learned Standing Counsel for respondent No.6. 3. Learned counsel for the petitioner submits that the petitioner is the resident of 6th respondent/Gram Panchayat. While so, at the request of the villagers, the Gram Panchayat passed resolutions on 01.02.2025 and 09.01.2025 requesting respondent Nos.4 and 5 for providing estimates for laying a CC drain from house of Divvela Rangaiah to house of Shaik Moula Masthanin and the 4 other resolution is for laying of gravel road from the fields of Panimireddy Venkateswarlu to Somavarala Sudhakarin. Similarly, other resolutions were also passed requesting for submission of estimates to complete laying of the CC drain as well as gravel roads. Even though, the resolutions were passed and proposals were submitted, so far for the reasons best known to respondent Nos.4 and 5, they neither approved the estimates requested by the 6th respondent nor passed any other proceedings. Due to the rainy season, the villagers submitted a detailed representation requesting the respondents to carry the works which are proposed by way of resolutions as mentioned above. Even after receipt of the representation, the Gram Panchayat neither considered the representation nor issued any proceedings rejection the claim of the villagers. 4. On the other hand, learned Standing Counsel for the 6th respondent/Gram Panchayat furnished written instructions dated 20.07.2025, wherein it is stated that the so called resolutions, basing upon which the petitioner is claiming works to be completed is only passed requesting the respondent authorities i.e., respondent Nos.4 and 5 for estimates to proceed further. So far, the 6th respondent not received the estimates to proceed further. 5. Learned Government Pleader for the Panchayat Raj furnished a letter dated 08.07.2025 issued by Respondent No.5, 5 wherein it is stated that the works which are proposed by the Gram Panchayat through the resolutions are laying of CC drain and gravel road, as such the Department of Irrigation has nothing to do with the proposed works. 6. In reply, learned counsel for the petitioner submits that since the roads which are proposed are abutting to the bunds of the irrigation canal/field canal, which is within the jurisdiction of respondent No.5, as such he addressed a letter for granting approval. 7. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court deems it appropriate to dispose of the writ petition directing respondent Nos.4 to 6 to consider the representation/claim of the petitioner and pass appropriate orders with reference to the resolutions of the Gram Panchayat, within a period of two(2) months from the date of receipt of copy of this Order. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 2211..0077..22002255 TTPPSS 6 319 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:10138 of 2025 2211..0077..22002255 TTPPSS